(h)"minister" means the minister
appointed under the Executive Council Act
to administer this Act;

(i)"name" includes surname and given
name;

(j)"registrar general" means the registrar
general appointed under the Vital
Statistics Act, 2009;

(k)"required form" means the form
required by the minister; and

(l)"spouse" means either of 2 persons
who are married to each other.

(2)Where the signature of the registrar general is
required by this Act, it may be reproduced by photographic or electronic means.

Exceptions to
application of Act

3.A
person may change a surname without recourse to this Act in the following
circumstances:

(a)as a result of marriage, a person may adopt
the surname of that person's spouse or a combination of each spouse's surname;
or

(b)during or after a marriage, a person may revert
to his or her own surname or a previously acquired surname.

Eligibility

4.(1) A
person who

(a)is resident in the province; and

(b)has reached the age of majority

may make an application under this Act to change
his or her name.

(2)For the purpose of this Act, a person is a
resident of the province if he or she has been ordinarily resident in the
province for at least 3 months before making an application under the Act.

(3)Notwithstanding subsection (1), a child may
apply to change his or her name where he or she

(a)has been married;

(b)has been a cohabiting partner; or

(c)is a parent of a child.

Consent of child
over age 12 required

5.(1) The name of a child who is 12 years of age or over may be
changed under this Act only with the consent of that child.

(2)Notwithstanding subsection (1), a judge may,
on application, dispense with the consent of the child where in the opinion of
the judge it is in the best interests of that child to do so.

Change of name of
child by parent

6.(1) A
parent may apply to change the name of his or her child and the registrar
general may grant that application where the registrar general is satisfied
that

(a)the applicant has provided

(i)the written consent of the other parent
registered on the child's birth registration, or

(ii)where there was no other parent registered on
the child's birth registration, confirmation that there are no legal
proceedings ongoing in relation to the parentage or custody of the child;

(b)the applicant provides documentation
satisfactory to the registrar general that

(i)the applicant notified the other parent of the
child's proposed name and of the other parent's right to object to the change,

(ii)the applicant has provided an affidavit of
service showing that the other parent was personally served with the notice or
provided documentation showing that the notice was sent to the other parent by
registered mail and that the other parent received that notice, and

(iii)30 days have elapsed since the other parent
received the notice and that parent has not filed an objection to the name
change;

(c)the applicant provides documentation satisfactory
to the registrar general that the other parent of the child is deceased; or

(d)the registrar general is directed to change
the name of the child by order of the court.

(2)Where an applicant applies to change the surname
of a child due to the applicant's marriage to a person who is not a parent of
the child registered on the birth registration of the child, the requirements of
subsection (1) shall apply and the consent of the other party to the marriage
is required.

(3)Notwithstanding subsection (1), an applicant
may make an application to the court to dispense with the consent of the other
parent required under that subsection.

(4)Where

(a)the registrar general refuses a name change
under subsection (1); or

(b)the applicant has sought the consent of the
other parent of the child as required under subsection (1) or (2) and that
other parent objects to the name change and has refused to consent

the applicant may appeal to a judge for an
order respecting the change of name and the registrar general shall comply with
that order.

Custody of child-
consent required

7.(1) Where
a custody order has been made in respect of a child, an application to change
the name of the child may be made by

(a)a director of Child, Youth and Family Services
where there is a permanent custody order;

(b)a director of Child, Youth and Family Services
with the consent of the parents where there is a temporary custody order; or

(c)where the custody of a child is given to a
third party, that party, with the consent of the parents.

(2)Notwithstanding subsection (1), the registrar
general may dispense with the consent required under that subsection upon
satisfactory proof that both parents of the child are deceased.

(3)Notwithstanding subsections (1) and (2), where
one parent of the child is living, the consent of that parent shall also be required.

Exception

8.Where,
on an application to change a name of a child, the consent of some other person
is required and the applicant is unable to obtain the consent of the other person,
a judge, having regard to the best interests of the child, may dispense with
the consent of the other person to the change of name.

Consent of
mentally disabled person

9.Where
a person whose consent is required to an application under this Act is a
mentally disabled person

(a)the Registrar of the Supreme Court if acting
as the guardian of the estate of the mentally disabled person; or

(b)another guardian appointed in respect of the
person or estate of the mentally disabled person,

may consent to the application on behalf
of the mentally disabled person.

Requirements

10.(1) An
application for a change of name under this Act shall be filed with the registrar
general and shall be in the required form.

(2)An applicant shall file with an application

(a)an affidavit of good faith in the required
form;

(b)the consent in the required form of a person
whose consent is necessary under this Act and a copy of an order made under
section 6 or 8;

(c)the applicant's birth certificate or, where
the application relates to the change of a child's name, the child's birth
certificate, or other documentary proof of name or identity that is acceptable
to the registrar general; and

(d)further documentary evidence of information
that may be required by the registrar general.

Grant and refusal
of application

11.(1) The
registrar general shall, where an applicant has complied with the requirements
of this Act and paid the required fee, grant the change of name and issue a certificate
of change of name.

(2)The registrar general may refuse to grant a
change of name where,

(a)the requirements of this Act are not met; or

(b)notwithstanding subsection (1), in the opinion
of the registrar general,

(i)the proposed name might reasonably cause
mistake or confusion to another person,

(ii)the change of name is sought for an improper
purpose,

(iii)the applicant has made frequent changes of
name, or

(iv)the name is undesirable in the public
interest,

and the registrar general shall notify the
applicant of the reasons for refusal and of the right to appeal.

(3)A certificate of change of name issued under
subsection (1) takes effect immediately on the day it is issued.

(4)Registration under this Act effects, for all
purposes, a change of name in accordance with the application.

(5)Where a change of name has been effected under
this Act, a copy of the certificate shall be kept in the custody of the registrar
general as part of the records kept under the Vital Statistics Act, 2009.

(6)For the purpose of subsection (2), a name is
undesirable in the public interest if

(a)it might cause offence to a reasonable person;

(b)it is unreasonably long; or

(c)without adequate justification, it is,
includes or resembles an official title or rank.

(7)A person aggrieved by a decision of the registrar
general under this section may, within 30 days of the notification of the decision,
appeal that decision to the court, and the applicant shall serve notice of the
appeal on the minister not less than 5 days before the hearing.

Vital Statistics
records amended

12.(1) After
registering a change of name the registrar general shall, without charge, amend
the applicant's birth certificate accordingly.

(2)The registrar general may, after registering a
change of name and only with the consent of the applicant's spouse, amend the
applicant's marriage certificate accordingly.

(3)Where an applicant's birth, marriage or
common-law relationship is registered in another jurisdiction, the registrar
general shall immediately notify the official responsible of a change of name effected
under this Act.

Issue of
certificate of change of name

13.Upon
registration of a change of name, the change of name certificate shall be
issued and delivered to the applicant.

Publication of
change of name

14.(1) The
registrar general shall immediately publish a notice of a change of surname
granted under this Act in the Gazette,
except where publication of a notice is dispensed with by an order under
subsection (2).

(2)The minister may allow an exemption to the
requirement to publish the change of surname under subsection (1) where, in his
or her opinion,

(a)the applicant would be unduly prejudiced or
embarrassed by the publication;

(b)the change of surname applied for is of a
minor effect; or

(c)the applicant has been commonly known under
the surname for which he or she has made the application.

(3)Notwithstanding subsection (2), the minister
may impose other terms and conditions respecting the notification of change of
surname where publication is not required by that subsection.

Change in other
jurisdictions

15.(1) Without
restricting the effect that a change of name has by law, a person

(a)whose birth is registered in the province; and

(b)whose name has been changed while resident
elsewhere than in the province in accordance with the laws of the jurisdiction
in which the person was resident,

is entitled, upon production of
satisfactory proof of the change of name and of the identity of the person, to
have the new name substituted instead of the former name in the records kept
and certificates issued under the Vital
Statistics Act, 2009.

(2)Without restricting the effect that a change
of name has by law, a person

(a)whose marriage is registered in the province;
and

(b)whose name has been changed while resident
elsewhere than in the province in accordance with the laws of the jurisdiction
in which the person was resident,

is entitled,

(c)with the consent of the person's spouse; and

(d)upon production of satisfactory proof of the
change of name and of the identity of the person,

to have the new name substituted instead
of the former name in the records kept and certificates issued under the Vital Statistics Act, 2009.

Change

16.(1) Without
restricting the effect that a change of name has by law, a person whose name
has been changed in accordance with this Act or an Act of another jurisdiction is
entitled to have the new name substituted instead of a former name in a
document upon

(a)production of a duplicate or certified copy of
the certificate issued under this Act or another Act;

(b)satisfactory proof of identity; and

(c)payment of the fees that may be required.

(2)The substitution of a new name in a document
under subsection (1) may be made by the person in charge of issuing, maintaining
or keeping that type of document, who shall also enter on the document a notation
that the substitution was made under this section.

(3)For the purpose of this section
"document" includes every record, certificate, instrument, contract
or other document whether or not it is or is not of the same kind as those
previously mentioned and whether it is public or private.

(4)A person entitled to the substitution in a
document of a new name instead of a former one under subsection (1) is entitled
to have all references to the former name removed from the document.

(5)This section shall apply to a document which
references the name of the person who has changed his or her name, and, shall
apply, with the necessary changes, to documents which reference both the person
who has changed his or her name and another person only where the consent of that
other person has been obtained.

Order by court

17.Where,
in the application of section 15 or 16, a question arises concerning the existence of
compliance with the facts or matters required or contained in these sections,
on the application of the person seeking substitution of a new name instead of
a former name, the court may make an order

(a)declaring that the person has complied with
all the requirements of that section; and

(b)directing the registrar general or other
person to alter his or her records, certificates or other documents in
conformity with that section.

Annulment of
change

18.(1) The
minister may, where satisfied that a change of name has been obtained by fraud,
duress or misrepresentation, annul the change of name by order, effective from
a date named in the order.

(2)A marginal notation of the annulling order
shall be made on the certificate of change of name.

(3)Notice of the annulment shall be immediately
published in the Gazette.

(4)The registrar general shall, without charge,
make alterations in his or her records that are necessary because of the
annulling order.

(5)Where the minister annuls a change of name,
the minister may by order require a person to whom a duplicate or a certified
copy of the certificate of change of name has been issued to deliver it up
immediately to him or her.

(6)A person aggrieved by a decision of the
minister under this section may, within 30 days of the notification of the
decision, appeal that decision to the court.

Offences

19.(1) A person who

(a)refuses or neglects to comply with an order
issued under subsection 18(5);

(b)uses a name in respect of which he or she was
convicted under subsection (2);

(c)uses a name that he or she sought to adopt in
an application that was refused or that was the subject of an annulment order under
this Act or the Act repealed by this Act, knowing that the change of name was
refused or annulled; or

(d)after his or her name is changed under this
Act, knowingly uses a birth certificate or change of name certificate showing a
former name of the person,

is guilty of an offence and liable on
summary conviction to a fine not exceeding $2,000 or to imprisonment for a term
of not more than 30 days, or to both a fine and imprisonment.

(2)A person who by fraud or misrepresentation
obtains a change of name under this Act is guilty of an offence and liable on
summary conviction to a fine not exceeding $2,000 or to imprisonment for a term
of not more than 90 days, or to both a fine and imprisonment.

Conclusiveness

20.A
certificate, a duplicate certificate or a certified copy of a certificate of
change of name issued under this Act or another Act, is for all purposes
conclusive proof of its contents and it is not necessary to prove the signature
or official position of the person by whom the certificate, duplicate
certificate or certified copy purports to be signed.

Validity of documents

21.A
document issued under this Act under the signature of the registrar general is
and remains valid, notwithstanding that the registrar general has ceased to
hold office before the issue of the document.

Fees and forms

22.The
minister may set fees and establish and require forms for the purpose and
administration of this Act.

NLR 28/07 Amdt.

23.Paragraph 1.02(1)(b) of the Provincial Court Family Rules, 2007 is
repealed and the following substituted: